Legal Question in Credit and Debt Law in Louisiana

Someone wrote me a bad check in the amount of 5000 & I have spent tht money not knowing the check would bounce, I owe the bank but can't pay that amount back, what is the worst that can happen

Asked on 1/22/13, 12:36 pm

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

You owe the money you spent regardless of what happens. The bank didn't take a bad check from that guy, you did. They will get their money from you. It is up to you to get it from the guy you accepted the bad check from.

You have two options:

1. File a civil suit. Louisiana law grants you TWICE the face value of the check, plus court costs and attorney's fees to pay for collection efforts. This will maximize the amount you would get.

2. File a criminal complaint with the local District Attorney's Fraudulent Check Division. The DA will institute criminal charges and will force them to pay you the original amount of the check in cash. This will be faster than filing a civil suit, but you will only get the face value of the check back, no damages, fees, etc.

Good luck.

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Answered on 1/30/13, 1:49 pm

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